Smith v. Oak Cliff Bank & Trust Co.

On Motion for Rehearing.

We do not believe the conclusion reached, by us on original hearing is in conflict witlu the opinion of the Court of Civil Appeals - in Sutherland v. Young, 292 S.W. 581, 582. In that case plaintiff sought by garnishment. proceedings to subject salary due an auditor which he had voluntarily deposited ini bank to payment of a debt owing by that auditor to plaintiff, and it was held that could be done. But this was said in the opinion: “The sole issue to be determined is wheth- - *1105er the funds thus deposited are exempt * * * as current wages. The trial court held that the…